A blog of intellectual property happenings in the District of Massachusetts.

06/25/2012

Another Claim Construction in PhosLo GelCaps Case

Fresenius Medical Care has sued various competitors for infringement of Patent Nos. 6,875,445 and 6,576,665 relating to drugs used to treat renal failure. In a previous decision involving the case against Paddock Labs. and Amneal Pharm., Judge Stearns construed claim terms from the subject patents. He has done so again in the case against Lupin and Zydus. Unsurprisingly, Judge Stearns did not reconstrue previously addressed claim terms. Instead he focused on terms such as “compression”, “caplet”, “capsule”, “optimizing” and other dosage delivering terms. The opinion may be worthwhile reading for those who frequently litigate in the pharma space.